Revolutionary War Pension and Bounty Land Warrant Application File R. 14353, John Minson Galt, Va

SERVICE
NUMBER
Va
Galt, John Minson
R. 14353
Va. Half-Pay
CONTENTS
D.A. Acc. No. 874 See 050070 John Minson Galt

Treasury Department Third Auditor's Office January 14. 1858
Sir
In compliance with your verbal request I herewith hand you enclosed, a copy of the judgment of the Court in Virginia in the case J. M. Galt adm or of D. S. M. Galt dec d against the Commonwealth, made June 24. 1847 - and also a copy of the certificate of Auditor Heath thereto annexed, regarding the same -
Very Respectfully
Your Obd Serv t
J. S. Gallaher, 3 d Auditor.
So. James L Edwards Esquire Commissioner of Pensions

Copy.
Pension Office
28 March 1849.
I certify that I have examined the claim of the Administrator of the late D r John Monson Galt, who was a Surgeon in the Virginia State Troops, during the war of the Revolution, and I find that he is entitled under the Act of the 5 July 1832, and the amendatory act of the 3 d of March 1835, transferring the settlement of the Virginia half pay claims to the War Department, to the amount of the judgment obtained by him at the Circuit Superior Court of Henrico County, Virginia, in June 1827, being five years full pay with interest thereon from the 22 d of April 1783 till the 30 th of June 1833, deducting from the amount the sum of eight thousand seven hundred and fifty nine dollars and thirty four cents, then received by the representatives of said Galt, deceased, at the Treasury of the United States; and with interest on the balance then due, from that time till the date of such warrant. The amount paid under the certificate from the Pension Office of May 2. 1845, is also to be deducted. The full pay is to be calculated at the rate of seven hundred and twenty five dollars per annum. The amount is payable to James Lyon Esq r Attorney of John M. Galt, —

Administrator of John Minson Galt deceased.
(Signed) J. L. Edwards, Commissioner of Pensions
Approved Signed J. Ewing Secretary of the Interior

John H Galt
28 March 49
Com m all

John M. Galt. act 5 July, 1832.
Papers in this case handed to James Lyons, Esq. Aug. 16. 1848.
J. Edwards, Esq. H. H. H.
Department of State
Pres.

J. M. Gayle

NO
ACT OF FEBRUARY 14, 1871
AR OF 1812.
31-2-2
RECEIVED
John M Galt Lung
Va Troops Revolution
Discharged _____, 18
4020
Hf. Pay _____ act 32
Received _____, 187
Attorney.

copy to Genl's Museum J. M. Galt

(Copy.)
Attorney Generals Office 27 March 1849.
Sir,
If the question presented by the case of the Representative of John M. Galt, which you have referred to this Office was a new one, and depended alone on the third section of the act of the 5th July 1832, I should entertain little or no doubt upon it — I should have construed that section, as embracing all claims of a like character with those included within the first and second sections, not prosecuted to judgment and paid, or prosecuted to judgment — These consisted amongst others of claims for commutation, as well as half pay —
It would seem to be singular, that Congress should provide for claims sued to judgment, and not intend altho' apparently meaning to cover, all such claims as Virginia was responsible for, and could be sued for and made to pay, and should by the imperfection of the terms adopted fail to include all — But the question as far as that act alone is concerned, is not according to the practice, and the proper practice of this office, to be considered an open one — My predecessors entertained a different view of the act,

and I have more than once so decided —
But although this is the rule of the office, yet when Congress have after, expressed an opinion in conflict with that of the Office, it has been considered as in the nature of a legislative interpretation which becoming courtesy to the Legislative Department of the Government, requires the Executive to observe — In this case I think there is such an interpretation — The doubt under the act of 1832, was whether commutation claims were provided for by its third section —
When the opinion of Attorney General Taney was given, he does not seem to have had his attention brought to the law of Virginia of the 16 Dec. 1790 (13 Henning 131) under which, as I think, her courts decided that the Officers referred to in that law, were entitled to commutation — The judgments against her for such claims were not, I think, given by way of compromise but of right arising under this act of 1790 —
His opinion was prior to the act of Congress of 3 d March 1835. (it was given 21 March 1833) which evidently contemplated commutation claims, and was of course prior to the act of 12 th August 1848, making appropriations for the civil and diplomatic

expenses of the Government, by which eighty one thousand two hundred and seventy three dollars, and seventeen cents were appropriated "for repayment to Virginia of money "paid by that state under judgments of her courts against "her, to revolutionary officers and soldiers and their repre- "sentatives for half pay, and commutation of half pay."
These two acts in my judgment are to be considered legislative interpretations of the act of 5th July 1832 and as the expression of an opinion by Congress, with whom the propriety of paying the claim, altogether rests, that it was the purpose of the third section of the act of 1832, to provide for commutation of half pay, as well as half pay — I think this should be and is binding on the Executive, and of course that the claim in the particular case should be allowed —
I have the honor to be Respectfully, Sir. Your Obedient Servant. (Signed) Reverdy Johnson.
Hon Thomas Ewing. Secretary of the Interior.

Virginia -
At a Circuit Superior Court of Law and Chancery for the County of Henrico and City of Richmond, on the common law side, held June the 24 th 1837.
John M. Galt Administrator of Doctor John Minson Galt, deceased, Appellant against The Commonwealth
Upon an appeal from a decision of the Auditor of Public Accounts disallowing a certain claim of the Appellant for services rendered by his intestate in his lifetime, as a surgeon in the army in the revolutionary War
This day came as well the Appellant by his attorney, as the Attorney General on behalf of the Commonwealth, who being heard, and the evidence produced on the part of the Appellant as well as the answer now filed, of the Auditor of Public Accounts to the claim aforesaid, being seen & inspected, it appears to the Court by the evidence aforesaid, that the said John Minson Galt was a surgeon in the army in the revolutionary War, & continued to serve as such till the end of the War, and that he was entitled to the commutation of five years full pay, and that the said Auditor erred in rejecting the claim thereto presented by the Appellant. It is therefore ordered that the said Auditor do issue and deliver to the Appellant, administrator as aforesaid, a Warrant on the Treasury of this Commonwealth for the said five years full pay, with interest thereon from the 22 nd day of April 1783 till the 30 th day of June 1833, then deducting from the amount, the sum of Eight thousand Seven hundred and fifty nine Dollars 34 Cents, then received by the representatives of the said John Minson Galt dec d at the Treasury Department of the United States, and with interest on the balance then due from that time till the date of such warrant.
A. Copy - Teste - J. Robinson. C. L.

I do hereby certify that the annual judgment in favour of John M. Galt admor of John Merson Galt is in conformity with several similar judgments in the Courts of Virginia which have been paid at his State Treasury, and that the previous receipt of half pay for life from the Secretary of the Treasury under the Act of Congress approved July 5. 1832 has never been considered as in any respect barring or impairing the right of an admor or Exor of a deceased officer to recover commutation & interest in lieu of half pay. In the judgments & legislative appropriations for commutation it has been usual to direct a deduction of half pay where the same has been rec d at Washington. Given under my hand this 17 th of August 1848.
J. E. Heath
Auditor of Virginia
I certify the foregoing transcripts are true copies of documents on file in this office in the case of Surgeon John M. Galt for 5 years full pay & interest thereon, in lieu of half pay for services in the Virginia State troops during the Revolutionary War.
Treasury Department
Third Auditor's office
January 14. 1850
J. S. Gallaher,
3 d Auditor

Richmond March 12/49
James Lyons.
Asks attention to decision on claim of Dr Galt's heirs.
L. B. Richmond 55. 49, Pension Office
House James Lyons Washington City
Com.

Richmond March 12 1849
My dear Sir
Receiving by the Baltimore Sun that you are acting Secretary of War I beg leave to trespass a little while upon your time, and ask your attention to the claim upon the Government in which I am interested and which the enclosed copy of a letter to the late Secretary, Mr. Marey, will fully explain to you - Although every Officer of the Government who looked into the case thought there was no doubt about it, and that there should be no hesitation in paying, should not get Mr. Marey to decide it - Mr. McPherson examined it carefully - to aid Mr. Earvaras & Judge Mason and all concurred in opinion that it should be paid - My interest in it is only this, I argued the case in court as counsel, for a fee to be paid me when the money was received, and became involved for one of the parties interested in it so that I had to pay about $2500 which this fund will reimburse me or store it - I will be in Washington, if it suit your convenience, that I should, on Thursday
I cannot allow the opportunity to pass without expressing my gratification, on every ground, at your appointment to the Office of Atty Genl
With high respect
Stephen James Lyons

James Lyons Jany 6/4, 8
10 110 P.M. Oct 2nd 1835 New York City James Lyons

33 Pension Office January 4. 1848
Sir,
I have examined and filed the papers which you deposited here in the case of the administrator of the late Dr. John M. Galt, decd. The claim for half-pay was allowed by the Treasury Department under the act of July 5. 1832 in June 1833, and was paid at the rate of $362 50 / 100 per annum from the September 3. 1783 22 d April 1783 to the day of said Galt's death. In May, 1845, an additional allowance was made by this Dept. at the same rate per annum from the 22 d of April 1783 to the 3 d of September 1783. The last payment was made by to the administrator John M. Galt, as may be seen by an examination of the books of this Office, and the vouchers in the 3 d Auditor's Office. There is therefore nothing now due under the above mentioned act.
James Lyons, Esq. of Richmond, Va. Present
act 5 July 1832 Enter this. See No. 119

Thomas Green.
Dec. 3/47

18 Pension Office December 3 rd 1847
Sir,
I have read the decision in the case of John Minison Galt by the Superior Court of Henrico County, Virginia. But I do not know why it was filed here. If intended to support any claim for half-pay under the act of July 5. 1832 the case should be particularly stated, and the person who claims must shew in what capacity he acts.
In every case in which a claim is presented at this Office, the claimant or his agent or attorney, must be particular in setting forth the facts upon which the claim is predicated.
I am respectfully Your ob. Serv t
Thomas Green, Esq r Richmond Virg a
Enter this in Proof- correspondence adm d claim act 5 July '32

Pension Office
March 28. 1849
I certify that I have examined the claim of the administrator of the late D r John Morrison Galt, who was a Surgeon in the Virginia State Troops during the war of the revolution, and I find that he is entitled under the act of the 5 th July 1832, and the amendatory act of the 3 rd of March 1835, to the allotment of the transferring the Virginia half-pay claims to the War Department, to the amount of the judgment obtained by him at the circuit Superior Court of Henrico County, Va. in June 1847, being five years full pay with interest thereon from the 22 nd of April 1783 till the 30 th of June 1833, deducting from the amount the sum of eight thousand seven hundred and fifty nine dollars and thirty four cents, already  then received by the representatives of said Galt, deceased, at the Treasury of the United States;

John M Galt, du. add 5 July 32
See letter to John. 145 to James Lyon Esq
ms. A. 9. 2. 20
Commissioner of Pensions St. Asaph, Merthyr Tydfil

Certificate act July 5. 1832 John M. Galt dcd.
May 2. 1845.
Recorded in Vol 43, page 163.

Pension Office
May 2 d 1845
I certify that I have examined the claim of John M. Galt, administrator of John M. Galt, deceased, who was a Surgeon in the Virginia State Army line , for half-pay under the act of July 5. 1832, entitled "an act to provide for liquidating and paying certain claims of the State of Virginia", and I find that half-pay was allowed to Galt's former administrator from  up to the 3 d of September 1783. Half-pay at the rate of One Hundred and Eighty Three Hundred and Sixty Two Dollars and Fifty Cents per annum is now claimed from the 22 d of April 1783 to the 3 d of September 1783. My opinion is that the claim should be allowed. The amount due is payable to Stafford H. Parker, of Richmond, Virginia, attorney of said John M. Galt, administrator of John M. Galt, deceased, and should be sent in a draft to said attorney at Richmond.
Commissioner of Pensions
Approved
Secretary of War
Entered this a Book Oct 5 July '32

Thomas Green
1/2 pay cases brig.
Dr. Galt.
Rev. Bro. Andrews
Lt. Jonah Valentine
Lt. Bro. Thornton
Master Wm. Buckner.
8
Memo: from:
Thomas Green
27 Nov. '47

Half-py V. Cases; act. 5 Aug '32
Doct. John M Galt - If necessary the copies of before the Court will certain evidence now filed.
Chaplain Robt. Andrews.
Lt. Ro: Thurston (Thruston)
Lt. Josiah Valentine
Master Wm Buchner
Appeal - before Sec: of War.
I file my Paw: atts: and beg leave to withdraw the appeal - and will then file additional evidence.
Col. Edwards.
Will oblige me, by looking at the above cases!
Thomas Green
27 Nov. 1847.

Pension Office August 16. 1848
Sir:
I submit for your decision the case of the administrator of the late Dr. John M. Galt, who was a Surgeon in the Virginia State Troops during the revolutionary war.
Under the 2 d Section of the act of the 5 th July 1832, entitled "an act to provide for liquidating and paying certain claims of the State of Virginia" half-pay was allowed from the 22 d of April 1783 till the till the 30 th of June 1833. The administrator now claims five years full pay with interest

Copy Certificate in favor of administration of Dr John Mason Galt
March 28 49
Recorded, Vol- ume 43, Page 201.

and with interest on the balance then due from that time till the date of such warrant. # The full pay is to be calculated at the rate of seven hundred and twenty five dollars per annum. The amount is payable to James Lyon, Esq. attorney of John M. Galt, administrator of Dr. John Morrison Galt, deceased.
Commissioner of Pensions
Approved
Secretary of the Interior
# The amount paid under the certificate from the Pension Office of May 2. 1845 is also to be deducted.